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SHAMROCK DEVELOPMENT, INC. v. SMITH

No. A06-1647.

737 N.W.2d 372 (2007)

SHAMROCK DEVELOPMENT, INC., Respondent, v. Denison E. SMITH, et al., Appellants, Dakota Turkey Farms, Limited Partnership, Defendant.

Court of Appeals of Minnesota.

August 21, 2007.

Attorney(s) appearing for the Case

Stanford P. Hill, David A. Turner, Bassford Remele, P.A., Minneapolis, MN, for respondent.

Timothy J. Mattson, Charles J. Schoenwetter, Bowman & Brooke, LLP, Minneapolis, MN, for appellants.

Considered and decided by STONEBURNER, Presiding Judge; KALITOWSKI, Judge; and DIETZEN, Judge.

OPINION

DIETZEN, Judge.

Appellants challenge the district court's denial of their motion to dismiss, arguing that the district court erred in concluding that (1) respondent satisfied the requirements of Minn. R. Civ. P. 4.04(a)(1) for service of process by publication, (2) the affidavit in support of service by publication was not "manifestly false," and (3) the summons was not defective. Because we conclude that the district court properly applied the law...

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